HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2246 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Counter affidavit and rejoinder affidavit filed today are taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 343 of 2024, under Sections 376, 506 IPC, P.S. Fatehpur, District Barabanki. This Court vide order dated 30.9.2024 has passed the following order granting interim anticipatory bail to the applicant:- "The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 343/2024, under Sections 376/506 IPC, P.S. Fatehpur, District Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. In the prosecution case, it is alleged that the applicant, on the pretext of marriage, was sexually exploiting the victim since 2012. Both were in love relationship which is admitted in the FIR. Learned counsel for the applicant submits that he has been falsely implicated. The victim is habitual in filing such FIRs against innocent persons. Number of FIRs such as FIR No. 552/2018, 166/2023 and 343/2024 have been lodged by the same victim against innocent persons just to extract money. Versus Counsel for Applicant(s) : Ashok Kumar Singh, Ashish Kumar Tiwari Counsel for Opposite Party(s) : G.A., Barkha Kumari, Seema Devi Rahul Singh .....Applicant(s) Stae Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) It has been further submitted that prosecution case lacks corroborative evidence. The applicant has no criminal history. Charge sheet in the case has been filed. The applicant was not arrested during investigation. It is submitted that the applicant is innocent. The applicant has never absconded. He undertakes to cooperate in the trial. Two weeks' time is granted to learned AGA to file objections/ counter affidavit. Issue notice to respondent No.2. List on 05.11.2024. On due consideration to the earlier FIRs lodged by the victim; lack of corroborative evidence, so also the fact that during investigation he was not arrested, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the aforesaid order. He has duly cooperated in the investigation. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by the Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory ABAIL No. 2246 of 2024 2 bail, he shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by this Court vide order dated 30.9.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. September 16, 2025 Shravan ABAIL No. 2246 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench